Individuals facing criminal charges have to respond to the state’s allegations. They do so by entering a plea during a hearing in criminal court. Most defendants choose between pleading guilty and entering a not guilty plea with the intent of going to trial.
However, there are additional pleas that defendants may enter in certain circumstances. Those who recognize that the courts are likely to convict them might enter a no-contest or nolo contendere plea. That is essentially a means of declaring that they do not intend to fight the charges that they face but do not admit or deny anything related to the charges. It is also possible to enter an Alford plea in certain circumstances. People who understand this unique response to criminal charges can better evaluate their options.
What is an Alford plea?
An Alford plea takes its name from a decades-old Supreme Court ruling. The ruling established the right of criminal defendants to enter a plea in which they do not agree that they are guilty of a crime but acknowledge that the state is likely to convict them based on the current circumstances.
An Alford plea has the same general impact as a guilty plea even though the defendant asserts that they are not guilty. The individual has a criminal record after entering the plea, and they are subject to criminal sentencing. However, their decision to enter an Alford plea might lead to a more lenient sentence from the courts. The decision to cooperate instead of taking the case to trial may inspire sentences closer to the minimum penalties allowed by law as opposed to the maximum penalties permitted.
When is an Alford plea possible?
Typically, there needs to be compelling evidence on the prosecution’s side for an Alford plea to be possible. The defense team must credibly assert that there is adequate evidence for the prosecution to win should the defendant take the case to trial. Additionally, the courts have to accept the plea. Agreeing to enter an Alford plea could potentially be part of a broader plea bargain that could help a defendant limit the consequences of their pending criminal charges.
Those accused of violent crimes, drug offenses and other charges backed by seemingly compelling evidence may be in a position to enter an Alford plea. Reviewing criminal accusations with a defense attorney can help people evaluate their options and choose the best response to their charges.